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Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......ion was that the appellant during his tenure as Minister for Commerce and Foreign Trade from 19-2-74 to 14-8-75 by corrupt or illegal means and by abusing his official position as such passed Illegal order for supply of furniture worth Tk. 39.900/- from the Trading Corporation of Bangladesh free of ......re set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......at during the tenure of office the appellant as the President of Bangladesh in collusion with the Secretary, Ministry of Public Works and Urban Development got various construction and repair work done in the Dak-Bungalow of the Rabiya Kabir Kalyan Trust and similar work done in his paternal home ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......ity and so there was no occasion for him to consider the case on merit. He further argued that the learned Judge of the High Court Division while allowing the revisional application and restoring the order of the trial Court made no observation or finding as to the merit of the case and so the appel......its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......as raised at the appellate stage, but by then the document bad been registered end so the pre-maturity could be said to have been cured, but then appeal on merit required consideration which was not done. For the reasons, we set aside the judgment of the High Court Division and that of the Cour..Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......d by Zinnur Ahmed, Advocate on-Record—For the Appellants. Md, Aftab Hossain, Advocate on- Record.-For the Respondents. Civil Appeal No.15 of 1982. (From the judgment and order dated 1-12-1977 pasted by the High Court Division in Civil Revision Case No 1583 of 1976. ...... 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......rounds the main ground being that the pre-emptors are not contiguous land holders in respect of the entire land transferred. The 'land transferred' consists of seven plots all being recorded under one khatian. that is, Khatian No. 97 Mouza Sultanpur and the total area of these plots is 1.28 acre..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ...... the application the learned Judge of the Prize Court observed that though the fund belong to the State it is to be kept in the custody of the Prize Court and can only be disposed of by a judicial order of the said Court an appropriate proceeding Further the Government may apply through a Secret......s to costs. Ed. ......nce was made to certain relevant Rules under Order XXXIV of the Prize Court Rules, 1939 which are quoted below: "(1) Any application for distribution or investment of such money shell be by motion (2) ... (3) The Judge may, if he think..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......r the Appellant. Shaukat Ali Khan, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For the Respondent. Civil Appeal No. 111 of 1981 (From the judgment and order dated 7.7.1981 passed by the High Court Division in Civil Revision No. 1034 of 1980). ......t aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......court at its discretion or in exercise of its inherent power. 4. 'Restitution' simply means restoration of something to a person from which it was taken away earlier under an erroneous judgment of a court. Question of restitution arises when the erroneous judgment of the ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....on limited to the purpose of ensuring the proper discharge of the duties or the maintenance of discipline in that force. 42. The Ordinance of 1976 was promulgated on November 5, 1976, which was published in the Bangladesh Gazette on November 8, 1976. Object of the Ordinance is to provide 'Sp......kar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the disciplined force, he is debarred...... removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......ribunal established under law relating to the disciplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......ellant. Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). ...... or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......; Fazle Munim J.—This arises out of the judgment passed in Writ Petition No. 672 of 1978 on July 18, 1980. 2. The petitioner which is Company incorporated under the Companies Act challenged the legality of the order of..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......e Respondent Nos. 1-3. S R. Pal, Senior Advocate, Aminul Huq, Advocate-on-Record—For the Respondent No. 5. Civil Appeal No. 72 of 1981. (On appeal from the Judgment and order dated 9.9.1980 passed by the High Court Division in Writ petition No. 43 of 1978.) Jud......gh Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh, represented by the Deputy Commissioner, Dacca and another............Appellant Vs Winifred Rubi & ors…&hel..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....of section 13. In the judgment of the High Court Division, this error has been looked upon not as a mere Irregularity, particularly when no corrigendum to the Impugned notification was subsequently published in the Gazette. Moreover, reference to the provisions of sub-section 1(b) of section 13 w......er Ali Sarder (1980) 32 DLR (AD) 61. 9. We think that the absence of rules cannot be considered fatal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed.......wed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......l Officer, Bogra (Sadar) who is the prescribed Authority for holding a special meeting to enable them to move a motion of no confidence against the Chairman. Among fourteen grounds which were mentioned in the petition, one related to the appointment of his son as Additional secretary of the Unio..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....e ballot boxes and election materials which E/O. refused to accept may kindly be accepted now. Mr. B. N Goswami, Presiding Officer of Rupsha Primary School Centre stated that counting of votes and publishing the result was completed by 2. 30 A.M. He released the Police force at 2-30 A M. He admi......instructed by Zinnur Ahmed, Advocate on Record.—For the Respondent No. 2. Ex-parte—Respondent Nos. 1 and 3-10, Civil Appeal No. 18 of 1981. (From the judgment and order dated 21.1.198I passed by the High Court Division in Writ Petition No 56 of 1981) Judg......lowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......hrough these judgments delivered by my learned brother Ruhul Islam and Badrul Haider Chowdhury, JJ. I concur with the judgment of Badrul Haider Chowdhury, J. 3. Ruhul Islam J.—I have gone through the proposed judgment written by my learned brother Badrul Haider Chowdhury, J. and I ..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......aksudur Rahman, Deputy Attorney General, instructed by A.W. Miah, Advocate-on-Record—For the Respondent No. 1. Criminal Appeal No. 25 of 1980. (On appeal from the judgment and order dated 13.12.1979 by the High Court Division in Criminal Revision No. 539 of 1978). Jud......de and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......ance". The impugned order of the Sessions judge is as follows: "28.6.78. Perused the telegram just received. As appears from this telegram it has been sent by one Abdul Awal representing himself as complainant in M.R. case No. 40/78 pending in the Co..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......g with it, if we refer to Article 108 we find that it says, the Supreme Court shall be a Court of Record, and shall have all the powers of such a Court including the power, subject to law, to make an order for the investigation of or punishment for any contempt of itself. 5. A combined reading o......is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ...... Appellate Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Jamil Huq and 11 others……………….Petitioners (In Petition Nos. 65/81 66/81, 67/81, 68/81, 69/81, 70/81, 71/81, 72/81, 73/81, 74/81, 75/81, ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......With respect, when the High Court Division had found that the plaintiff failed to prove that the salt was changed how the conclusion could be that it was a case of non-delivery of the same salt. In order to bring the case within section 6 of the Admiralty Act, the High Court Division assumed tha...... Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ...... Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any part in England or Wales, in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......Fazle Munim, J.—This appeal arises from the Judgment of a Bench of the High Court Division passed in Writ Petition No. 18 of 1970. 2. The appellant challenged the validity of an order passed by the Circle Officer, Revenue, Satkhira, Khulna, Respondent No. 4 on July 18, 1969. ...... made without any lawful authority and as of no legal effect. Ed. ......t Nos. 12446, 12447, 12448, appertaining to Khatian Nos. 3160, 3134 and 3153 in Mouza 94 Palaspole, P.S., Satkhira District Khulna and two-storied building with shop in the ground floor of one of the buildings. The appellant claimed that the properties being situated outside the hat and..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......nt. Rafiqul Haq, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate on Record.—For the Respondents, Civil Appeal No. 71 of 1981 (On appeal from the judgment and order 10.6.80 passed by the High Court Division in Application No. 155 of 1972.) ......licable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......vision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of Taxes, Chittagong Zone, Chittagong…………………...Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......up the proceedings under section 145 of the Code of Criminal Procedure, when a civil suit is pending between the parties, which could give relief to the persons in possession of the land by an order of injunction. Facts are that a civil suit was filed, being Title Suit No 72 of ......al Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... the Appellant. M. Hossain. Advocate, instructed by S.M. Haque, Advocate-on-Record—For the Respondent. Civil Appeal No. 51 of 1981. On Appeal from the judgment and order dated 157. 1980 passed by the High Court Division in Application No. 9 of 1975. J...... In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of Income Tax, Dacca ………………………...Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......e, with T. Islam and Mostafa Adil, Advocate, instructed by B Hossain, Advocate-on Record. —For the Respondent. Civil Appeal Nos. 130,131 and 132 of 1977. (From the judgment and order dated 13.2.76 passed by the High Court Division in Income Tax Reference Application No, 51 o......he affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......pellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Commissioner of Income Tax.........................Appellant Vs. Mrs. Masuda Khatun…&he..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......at being the position we do not find any merit in this review petition, which is dismissed. Ed. ......Fazle Munim J Ruhul Islam J Ramesh Chandra Dutta………………………………………….Petitioner Vs. Nimai Kumar Dutta and ors………………&he..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....sheet Exhibit1 shows that the Revenue Authority overruled the objection by a long judgment. Portions of it are quoted below: (b) "Khatian has been opened and finally published as per deed as such if there is any objection against the recording, t......er, that is, Ramanath Das appeared, the plaintiff Mahmudur Rahman Mullick did not file any objection. He, however, seriously opposed the defendant's application for separation of Rent Account. The order-sheet Exhibit1 shows that the Revenue Authority overruled the objection by a long judgment. P......h costs. Ed. ......s case in short is that he married the defendant in 1933 but had no issue. On June 6, 1945, the plaintiff purchased the premises No. 207A, Park Street, Calcutta for Rs. 36.750/- with his own money, and the kabala was taken in the name of his wife, that is, the defendant. The plaintiff purch..Category: Property Law | Date: | Hits: 448
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